REAL MGMT PTY LTD atf the MD MITCHELL FAMILY TRUST REAL MGMT …realmgmt.com.au/docs/poa-form6_pm.pdf · 2020-03-03 · REAL MGMT PTY LTD atf the MD MITCHELL FAMILY TRUST 1/230 MELTON

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REAL MGMT PTY LTD atf the MD MITCHELL FAMILY TRUST

1/230 MELTON ROAD

0413 504 084

NUNDAH

4021094 30/05/2022

REAL MGMT PTY LTD

[email protected]

0413 504 084

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Printed by ADLForms (v9.5.8, Build 1.0.0) for Exclusive use by REAL MGMT PTY LTD atf the MD MITCHELL FAMILY TRUST

Copyright State of Queensland (https://www.qld.gov.au/legal/copyright)


PER WEEK +/- 10%

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RESIDENTIAL DWELLING







Refer Item Schedule Item B and Terms of Appointment Clause 6

Refer Item B (Commission) of the attached Item Schedule

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1 WEEKS' RENT +GST

QCAT PREPARATION $330.00 INC.GST ON INVOICE

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Refer attached 'Item Schedule' and 'Terms of Appointment'

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MICHAEL DAVID MITCHELL

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© ADL Software - ALL RIGHTS RESERVED AUQLDREPMA01 v2.4 (Page 7 of 16)

B. COMMISSION (Payable in accordance with Property Occupations Form 6 Part 7)

Item Schedule - Residential Letting and/or Management

Clauses 11.12 and 11.13

per

rent.% (incl. GST) of one

Fixed Amount of $ (incl. GST)

Other:

1. Estimated Rent: $

C. RENT AND STATEMENTS

(being a schedule to and forming part of the approved Property Occupations Form 6)

D. ADDITIONAL FEES AND CHARGES

plus GST of $

ItemA. AVAILABILITY DATE

Clauses 3, 5(1), 5(2) and 6

Clauses 1(8), 3, 5(1), 5(2), and 7

*A fee may be expressed as either: (a) Fee + GST Amount = GST inclusive Fee OR (b) single GST inclusive figure

Fee Type

1)

2)

3)

4)

5)

Fee* (GST Inclusive)

(Specify $ or %)

Total Payable: $ (incl. GST)

2. Letting:

a. Payable:

b. Commission Method:

c. Commission Amount: $

Note: Fees below are in addition to any stated in Part 8.3 of Property Occupations Form 6.

3. Rent Collection and Management:

a. Payable:

b. Commission Method: % (incl. GST) of the rent collected in the Payable period specified in Item B(3)(a)

(incl. GST)

Other:

Fixed Amount of $

c. Commission Amount: $

When Payable

plus GST of $ Total Payable: $ (incl. GST)

(tick only one)

(tick only one)

Note: Where the Commission Method is expressed as a percentage the 'Commission Amount' (sub-item (c) for each commissiontype) is an estimated amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be workedout only on the actual rental for the property.

The Agent's Commission will be calculated using one of the Commission Methods set out in sub-item (b) for each commissiontype:

Name:

Issue By:

Other

Client

Statements Issue Period:

Address:

Payable To:

Account Name: Account No.:

BSB:Branch:Bank:

Pay by (tick only one):

Payment Period:Rent

Rent is to be disbursed and statements issued:

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

as indicated below OR as per attached Rent and Statements Schedule

EFT

Cheque

$5.50 per monthOffice Admin Fee

/ /

110.00

8.25

Monthly

ON PAYMENT DISBURSEMENT, AND EOFY, AND OTHERWISE AS REQUESTED

| | | | | | | |

| | | | |

1ST OF THE MONTH

Post Email

Week / Fortnight / Month / Year

Week's / Fortnight's / Month's / Year's

Weekly / Fortnightly / Monthly / Yearly

On Invoice

Address / Email



5. Other

(1)

(2)

4. Rates

F. TENANT'S PAYMENTS Clauses 1(16) and 1(17)

Where the Tenant is responsible for payment of Water Consumption Charges a copy of the water rates notice must be provided.

%Gas:Electricity: Telephone:

Cable:

%

% :

%

%

(Tick 'Yes' if the Tenant must pay. Provide a percentage apportionment if applicable)

Water: (Water Consumption Charges are only payable if the Property is separately metered)

Laws apply with respect to Water Consumption Charges under the Residential Tenancies and Rooming Accommodation Act 2008.

Tick only one of the boxes below

The Tenant is required to pay the Water Consumption Charges for the Property if:

� The Tenant 's water service to the Property is individually metered (or water is delivered by vehicle), and

� The Property is Water Efficient (see the Residential Tenancy Authority for information on Water Efficient devices and

minimum ratings), and

� The General Tenancy Agreement specifies an amount for Water Consumption that is payable by the Tenant

Tenant to pay for Water Consumption costs in excess of the reasonable amount of water use agreed between the Tenant

Tenant not required to pay an amount for Water Consumption

E. PAYMENTS BY AGENT Clauses 1(10), 7, 10.6, 10.7, 11.14, and 13

The Client authorises and directs the Agent to pay from rental the items marked to be paid.Note: The Agent is not authorised to acquire the financial product or advise on such product (unless licensed to do so in accordancewith the Financial Services Reform Act 2001)

1. Insurance (List all insurance policies for Property)

To Pay Insurer/Detail Policy Number Expiry

(1) Building

(2) Contents

(3) Public Liability

(4) Workers Comp.

(5) Landlord Protection

(6)

2. Body Corporate Levies

(1) Sinking Fund

(2) Administration Levy

(3)

3. Caretaking

(1) Gardening

(2) Pool

(4) Cleaning

(3) Pest

(5) Repairs and Maintenance

The Property water efficient in accordance with Section 22 of the Residential Tenancies and Rooming

Accommodation Regulation 2009.

and the Landlord of

*A fee may be expressed as either: (a) Fee + GST Amount = GST inclusive Fee OR (b) single GST inclusive figureNote: Fees below are in addition to any stated in Part 8.3 of Property Occupations Form 6.

Clauses 1(8), 3, 5(1), 5(2), and 7D. ADDITIONAL FEES AND CHARGES (Continued)

6)

7)

8)

9)

10)

/ /

/ /

/ /

/ /

/ /

Any Other Service

/ /

Yes NoYes No Yes No

Yes No Yes No

is / is not



Electrical Repairs:

Plumbing Repairs:

Other:

Phone:

Phone:

Phone:

3)

2)

1)

Name:

Address:

Secretary:

Phone:

Manager:

Phone:

Prospective tenants be provided with keys to perform an unsupervised inspection of the Property in accordance

with any conditions stated below.

Conditions:

L. BODY CORPORATE DETAILS Clause 13

4)

installed for general purpose socket outlets.An Electrical Safety Power Switch

(A Licensed Electrician can advise in relation to this requirement)

Email:

Email:

Building Repairs: Phone:

G. FURNISHINGS AND FITTINGS INVENTORY Clauses 8.1, 12.2 and 12.3

inspection/s per year and:The Agent will perform

Details (If any):Permitted:

Clauses 15.1(3) and 15.1(4)

Clause 12

K. LETTING / RE-LETTING INSTRUCTIONS

O. TENANT INSPECTIONS

Number: Details:

2. Exclusions (not for use by Tenant/s)

H. PERMITTED TENANTS

I. PETS

J. AGENT INSPECTIONS

Clauses 10.5 and 10.8

M. SERVICE AGENTS / MAINTENANCE CONTRACTS Clauses 11.2, 11.3 and 11.6

N. PREFERRED TRADES PEOPLE Clauses 11.2, 11.3 and 11.6

P. ELECTRICAL SAFETY SWITCH Clause 16

To be prepared by

1. Inclusions (for use by Tenant/s)

(Insert inclusions, for example, furniture or other household goods let with the Property, as would be noted on the General Tenancy

Agreement. Attach list if necessary)

AGENT HAS AUTONOMY TO RE-LET PROPERTY IF CLIENT NOT CONTACTABLE TO CONFIRM APPLICATION APPROVAL.

PRACTICAL APPLICATION IS TO ENSURE THE INVESTMENT KEEPS TICKING OVER AND GENERATING INCOME FOR

CLIENT.

ENTRY/EXIT INSPECTIONS3

SUBJECT TO OWNER APPROVAL (and Body Corporate if applicable)

SUBJECT TO OWNER APPROVAL

Yes No

may / may not

is / is not

Agent / Client



Any Special Terms inserted under instruction by the Client where not prepared by the Client were prepared by an Australian LegalPractitioner, not by the Agent, who gives no warranty in respect of same and in accordance with the warning in Item X, legal adviceshould be sought as to the meaning and effect of such Special Terms before signing any General Tenancy Agreement.

S. CONJUNCTING AGENT/S (Complete if applicable)

The Agent named in Part 2 of the attached Property Occupations Form 6 is acting in conjunction with the Agent/s below:

Conjuncting Agent:

Licence No.: Licence Expiry:

Expiry Date:Policy No.:Insurer:

Prior to signing, the Client should provide to the Agent, proof and details of current Public Liability Insurance, as listed below.

U. CLIENT'S PUBLIC LIABILITY INSURANCE

T. SPECIAL TERMS FOR A GENERAL TENANCY AGREEMENT

Clauses 1(12), 1(13), 8.1(7) and 8.2(5)R. POOL SAFETY CERTIFICATE

(complete if the Property being let contains a Regulated Pool (shared or non-shared))

1) Shared Pool (eg. Owned by a Body Corporate in a complex) - Property to be leased with one of the following:

Current Pool Safety Certificate Expiry:Certificate No.:

Form 36 - Notice of no pool safety certificate

If no current Pool Safety Certificate is in effect the Client must obtain the certificate prior to entering into, altering, extending

or renewing a General Tenancy Agreement with Tenants. Failure to do so will result in substantial penalties under the

Building Act 1975.

Non-Shared Pool* (eg. Owned by the owner of the Premises) - Property cannot be leased without a Current Pool Safety

Certificate: Certificate No.: Expiry:

* Note to Owners:

2)

Clause 11.11

Q. SMOKE ALARMS Clauses 8.1(6), 11.4 and 15.1(6)

1) Smoke alarms installed in accordance with Part 9A Division 5A of the Fire and Emergency Services Act 1990.

2) Service and maintenance of smoke alarms:

(a) Date smoke alarm last tested and cleaned:

(b) Date smoke alarm batteries last changed:

(c) Service life as indicated by the manufacturer's warranty:

authorise the Agent to perform the Client's duties in respect to smoke alarms.3) The Client

Client's Initials:

{Since the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms

in compliance with the Fire and Emergency Services Act 1990 as amended.}

/ /

/ /

/ /

/ /

/ /

are / are not

does / does not



Client's Signature: Date:

Client's Signature: Date:

Date:Agent's Signature:

X. SIGNING

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was

provided by the Agent. The parties have been advised to seek legal advice with respect to this Appointment.

b) damages for breach of contract under the existing agent's appointment.

a) a commission under each appointment; and

3. Section 21(4) Statement to Client: If you have already appointed another property agent (existing agent) to provide the services

as outlined in this Appointment, by signing this Appointment you may have to pay the following:

Another Appointment of Property Agent is current for the services outlined in this Appointment.b)

OR

No other Appointment of Property Agent is current for the services outlined in this Appointment.a)

2. The Client warrants: (Tick one box only)

The Client confirms being satisfied the Agent has taken reasonable steps to ascertain whether the Client has already

appointed another agent to provide the services as outlined in this Appointment.

1.

You may appoint the Agent to lease the Property on the basis of an open, sole or exclusive appointment.

Clause 3W. APPOINTMENT TYPE (Where Item W is not completed the Appointment Type will be an Exclusive Appointment)

(The Client MUST read and complete this Item before signing this Appointment)

V. PRIOR APPOINTMENT Property Occupations Regulation 2014 (QLD) - section 21

/ /

/ /

/ /

Exclusive AppointmentSole AppointmentOpen Appointment



2. Appointment of Agent

2.1 In consideration of and in accordance with the terms of this

Appointment, the Client appoints the Agent and its permitted

Assigns, and the Agent agrees to let and/or manage the

Property for the Client. Authority vested in the Agent by this

Appointment shall be deemed to be vested in the Agent's

authorised employees.

2.2 The Agent is authorised to assign this Appointment provided

such assignment is made in accordance with the terms and

conditions of this Appointment.

2.3 The Agent is authorised to contact the Client in respect of

other services which may be of interest or benefit to the

Client.

Terms of Appointment - Residential Letting

and/or Management

2.4 Where details as to the term of appointment are not

completed in Part 4.2 of the attached Property Occupations

Form 6 this Appointment is a continuing appointment.

2.5 Where this Appointment is a continuing appointment as

specified in Part 4.2 of the attached Property Occupations

Form 6, the Appointment ends on the date specified in a

notice given:

(1) by either party in accordance with Clause 17 of this

Appointment.

(2) by the Client in accordance with Clause 9 of this

Appointment.

(being a schedule to and forming part of the approved

Property Occupations Form 6)

3. Appointment Type

(15) Tenant: is the person to whom the right to occupy

the Property under a General Tenancy Agreement is

given.

(16) Utilities: services such as gas, electricity or water

provided by a public utility.

2.6 The Appointment will commence on the date set out in Part

4.2 of the Property Occupations Form 6 and where no date

is inserted the date the last signatory executes the

Appointment.

1. Definitions

In this Schedule the following terms mean:

(1) Applicable Legislation: Reference to relevant

Legislation includes Queensland Government

Legislation generally but particularly the Property

Occupations Act 2014, regulations and

amendments thereto, including Body Corporate and

Community Management Act 1997, Building Act1975, Property Law Act 1974, the Building Code ofAustralia, the Anti-Discrimination Act 1991,Queensland Building and Construction CommissionAct 1991, Electrical Safety Regulation 2013, FairTrading Act 1989, Fire and Emergency Services Act1990, Building Fire Safety Regulation 2008,Residential Tenancies and RoomingAccommodation Act 2008 as amended and the

Work Health and Safety Act 2011 and

Commonwealth Legislation including A New Tax

System (Goods and Services Tax) Act 1999 and

Competition and Consumer Act 2010 (Cth).

(2) Appointment: means Property Occupations Form 6

Appointment of a Property Agent including Item

Schedule, Terms of Appointment and any other

annexures.

(3) Building Work: refer to the Queensland Building

and Construction Commission Act 1991, Schedule

2.

(4) Condition Report: a report in compliance with

Section 65 or Section 66 of the Residential Tenancies

and Rooming Accommodation Act 2008.

(5) Conduct Standards: the Conduct Standards as set

out in the Act and Regulations.

(7) Electronic Document: means any electronic

communication (including Notices) as defined in the

Electronic Transactions (Queensland) Act 2001including any electronically generated document

situated on an external server readily accessible via a

link within an electronic communication or other

electronically generated document.

(8) Fee: an amount charged by the Agent for a service

provided.

(9) General Tenancy Agreement: any general tenancy

or other agreement with respect to the letting of the

Property complying with the provisions of the

Residential Tenancies and Rooming AccommodationAct 2008 as amended.

(10) GST: meaning used in the A New Tax System

(Goods and Services Tax) Act 1999 and "GST"

includes any applicable rulings issued by the

Commissioner of Taxation.

(12) Pool Safety Certificate: means the certificate issued

with respect to a Regulated Pool (shared or

non-shared) that complies with the Pool Safety

Standards in accordance with Chapter 8 of the

Building Act 1975.

Note: For Shared Pools - a Pool Safety Certificate is

valid for one year.For Non-shared Pools - a Pool Safety Certificate is

valid for two years.

(13) Regulated Pool: where used in this document has

the same meaning as given to it by Section 231B of

the Building Act 1975.

(14) Related Document: means any written

communication (including Notices) with regard to this

matter between the parties, including any Electronic

Documents.

(17) Water Consumption Charge: is the variable part of

a water service charge assessed on the volume of

water supplied to the Property.

Part 6 of the PO Form 6 relates to property sales only.

Appointment of a letting agent for an open, sole or exclusive

appointment will be subject to this Appointment and this

clause.

3.1 Exclusive Appointment

If this Appointment is an Exclusive Appointment (Item W):

(1) the Client will for the duration of this Appointment

refer any prospective tenants of which the Client

becomes aware to the Agent.

(2) if during the term of this Appointment the Client

undertakes to perform any of the services to be

performed by the Agent as set out in this

Appointment, the Client will still be responsible for

Commission and/or Fees to the Agent for those

services.

(3) if during the term of this Appointment another party

acts for the Client in providing the services set out in

this Appointment, the Client will still be responsible for


services.

(4) where a letting commission is applicable and the

Agent during the term of this Appointment is the

effective cause of the Property being let, regardless of

whether the Appointment has expired, the Agent will

still be entitled to the letting commission.

(6) Data Collection Agency: means an agency or

organisation that collects real estate data to provide

information to the real estate, finance and property

valuation industries to enable data analysis.

(11) Personal Information: means personal information

as defined in the Privacy Act 1988 (CTH).



(1) all Commission and Fees then due and owing to the

Agent.

5. General Tenancy Agreement

The Client will be in breach of this Appointment should the

Client fail to observe the provisions of any General

Tenancy or other agreement entered into during the term

of this Appointment under the Residential Tenancies and

Rooming Accommodation Act 2008 as amended. In the

case of a breach which results in termination of the

General Tenancy Agreement the Client must pay to the

Agent:

(2) the Commission and Fees payable in respect of any

balance of the term (not to exceed six months), of

such General Tenancy Agreement subject to the

Agent taking reasonable steps to mitigate any loss.

(6) compliance with the Fire and Emergency Services Act

1990 Part 9A, Division 5A (installation and

maintenance of smoke alarms see Item Q of the Item

Schedule)

6. Commission

6.1 The Client will pay all Commission as more particularly

detailed in Part 7 of the attached Property Occupations Form

6 and Item B of the Item Schedule.

7. Fees, Charges and Expenses

7.1 The Client will pay all Fees, Charges, Expenses and other

outlays owing to or incurred by the Agent in association with

this Appointment, as detailed in Part 8 of the attached

Property Occupations Form 6 or as outlined in Items D and

E in the Item Schedule.

8. Client's Obligations Regarding Tenancy (Refer to the

Residential Tenancies and Rooming Accommodation

Act 2008, Section 185 for obligations generally)

8.1 At the start of the tenancy the Client must ensure, at its own

cost:

(1) the Property and inclusions are clean and comply with

local and state authority building and emergency

services legislation.

(2) the Property is safe and fit for the Tenant/s to live in.

(3) the Property and inclusions (including all locks and

security fittings) are maintained and are in a

reasonable state of repair.

(4) after the General Tenancy Agreement is signed,

sufficient keys to the Property are provided to the

Agent and Tenant/s for each lock as provided in

accordance with Section 210 of the Residential

Tenancies and Rooming Accommodation Act 2008.

8.2 While the tenancy continues the Client must, at their own

cost:

(1) maintain the Property and inclusions in a reasonable

state of repair, and comply with local and state

authority building regulations.

(5) that telephone lead-in work (cabling) is completed to

the premises to enable the tenant to connect a basic

telephone service.

6.3 The Client authorises the Agent to deduct all Commission,

where possible, from rent collected.

Note: Prior to occupancy the Client should have theProperty inspected by a person with appropriateexperience in house maintenance.

6.2 Notwithstanding the monetary amount listed in Part 7 of the

Property Occupations Form 6 the amount of Commission will

be in accordance with Item B of the Item Schedule.

(7) where the Property contains a Regulated Pool

(shared or non-shared), compliance with its

obligations under Chapter 8 of the Building Act 1975

in respect to pool safety.

4. Reappointment

4.1 The Client may reappoint the Agent for a further period

under the same terms and conditions by completing Part 10

(Reappointment) of their copy of this Appointment and

providing it to the Agent.

4.2 Where the Client has in accordance with Clause 4.1

Reappointed the Agent the Parties agree that the Agent has

the right to end or revoke the Reappointment by giving

written notice to the Client within 7 days after receiving the

Reappointment.

4.3 Where the Agent ends or revokes the Reappointment the

appointment will end:

(1) where this appointment has not ended, in

accordance with the terms and conditions of the

Appointment.

(2) where this Appointment has ended and the

Reappointment commenced, on service of the

written notice required in accordance with Clause

4.2.

4.4 Where the Agent does not serve a notice in accordance with

Clause 4.2 this will be confirmation of the Agent's

acceptance of Reappointment.

7.2 The Client authorises the Agent to deduct all such Fees,

Charges, Expenses and outlays, where possible, from rent

collected.

3.2 Sole Appointment

If this Appointment is a Sole Appointment (Item W):

(1) if during the term of this Appointment another party

acts for the Client in providing the services set out in

this Appointment, the Client will still be responsible for


services.


Agent during the term of this Appointment is the




(3) if the Client lets the Property privately and the Agent

is not the effective cause of the Property being let no

commission with respect to letting will be payable.

3.3 Open Appointment

If this Appointment is an Open Appointment (Item W):

(1) during the term of this Appointment the Client will be

responsible for Commission and/or Fees to the

Agent as outlined in this Appointment, for all

services provided by the Agent in respect of this

Appointment.


Agent, during the term of this Appointment is the




(3) if the Client or another properly appointed agent lets

the Property and the Agent is not the effective cause

of the Property being let no commission with respect

to letting will be payable.

8.4 All dealings with a Tenant regarding the tenancy are to be

communicated and dealt with through the Agent.

8.3 The Client warrants it is the owner of the Property and has

full authority to enter into all General Tenancy Agreements.

(5) where Item R(2) applies, ensure that a current Pool

Safety Certificate is in effect prior to entering into,

altering, extending or renewing a General Tenancy

Agreement with Tenants for the Property.

(4) treat the Property as necessary by a licensed pest

controller.

(3) keep any common area reasonably clean.

(2) ensure the Property is safe for the Tenant/s to live

in.



11.15 The Agent is authorised to apply to the Residential Tenancy

Authority for payment of the Tenant's bond to recover all

monies including unpaid rent under the General Tenancy

Agreement relevant to the Property.

11.16 The Agent will promptly respond to and, subject to the

Client's written instructions, attend to all reasonable requests

by the Client for service, maintenance of, and repairs to, the

Property.

11.14 The Agent will make all payments required under and in

accordance with this Appointment and which the Agent may

have an obligation to make as the Client's Agent.

11.12 The Agent is to collect and receive all monies payable (rent,

bond and otherwise) under any General Tenancy Agreement

entered into pursuant to this Appointment.

11.11 The Agent will, subject to the Residential Tenancies and

Rooming Accommodation Act 2008 and other Applicable

Legislation, negotiate, finalise and where neccessary,

execute on behalf of the Client any General Tenancy

Agreement or any amendments or variations thereto,

including any other documents in relation to the tenancy

arising from this Appointment.

11.13 The Agent must account in writing to the Client with respect

to Clause 11.12 and those monies paid or used by the

Agent carrying out the Agent's Obligations under this

Appointment.

11.10 The Agent will advise the Client upon the termination of any

General Tenancy Agreement and/or vacancy of the

Property.

11.9 The Agent will maintain its Licence in accordance with the

Property Occupations Act 2014.

11.6 Urgent repairs or maintenance particularly relating to the

safety of person or property may be carried out at the

Agent's discretion if the Client is not readily contactable.

11.7 The Agent will take reasonable steps to ensure goods or

services obtained for the Client are at competitive prices.

11.8 The Agent will not induce or attempt to induce, a breach of,

or an interference with, a Contract between the Client and a

tenant.

11.4 Where the Agent is authorised and directed to carry out the

Client's duties in respect of matters detailed in Clause 8.1

and 8.2 the Agent is authorised and reserves the right to

employ the services of a suitably licensed tradesperson to

carry out such requirements and bill the cost thereof,

including any superannuation guarantees, if applicable,

relating to such services, to the Client.

11.3 The Agent must where required or necessary, organise

repairs, service and maintenance (utilising where

appropriate, a licensed tradesperson) and where possible

utilise those services of the persons detailed in Item N of the

Item Schedule.

11.2 The Agent will seek the Client's written approval before

ordering repairs or maintenance in excess of the authorised

amount specified in Part 8.2 of the attached Property

Occupations Form 6 or any amount otherwise specified by

the Client in writing.

11. Agent's Obligations and Authority

10.9 The Client must comply with the requirements of the Fire

and Emergency Services Act 1990 and the Building Fire

Safety Regulation 2008 together with all relevant acts,

legislation, by-laws, rules and regulations local, state and

federal.

10.8 Notwithstanding the Agent's responsibility to refer suitable

Tenant's based on the Agent's standard Application for

Tenancy, final approval shall at all times be the responsibility

of the Client as Landlord.

10.7 The Client must have public liability insurance and be

covered for a minimum of 10 million dollars, in addition to

any insurance provided by a body corporate for common

areas. Such policy must be maintained for the term of this

Appointment and the Client must upon request provide a

certificate annually confirming the currency of such policy.

10.6 The Client must obtain and maintain the insurance policies

listed, "to pay" in Item E, and the Client must upon request,

provide certificates annually for each insurance policy

confirming the currency of such policies.

10.4 The Client acknowledges once a General Tenancy

Agreement has been entered into by the Client and Tenant

the Agent is limited to its Obligations under this

Appointment.

10.5 The Client authorises and directs the Agent to let, re-let (as

necessary) and manage such letting of the Property at a

Rent authorised by the Client or failing such authorisation for

a fair and reasonable Rent as determined by the Agent,

unless otherwise instructed by the Client in Item K.

10.3 The Client does not rely on the Agent to determine the

financial or credit suitability of any prospective tenant beyond

the details set out or obtained in accordance with the

Application for Tenancy used by the Agent.

11.1 Except as otherwise authorised by the Client, the Agent will

be responsible for locating and introducing to the Client

suitable prospective tenants in accordance with the criteria

detailed in the Agent's Application for Tenancy so as to

enable the Client to make an informed decision as to the

suitability of the prospective tenants.

11.5 When appointing tradespersons the Agent must exercise

proper due diligence and in so doing, except in the case of

negligence on the part of the Agent, will not be liable for loss

or damage caused by or resultant upon the tradespersons

carrying out works.

10.2 The Client will at all times during the currency of this

Appointment keep the Agent advised of and disclose to the

Agent in writing all relevant and material facts and changes

thereto about the Property.

9. Property Sale of Transfer

In the event of the Property being transferred by the Client:

(1) the Client will forthwith inform the Agent in writing of

the Real Estate Agent appointed to sell the Property.

(2) the Client will promptly notify the Agent of the signing

of a contract and of the Client's intention to terminate

the Appointment giving the Agent not less than thirty

days notice.

10. Client Obligations and Authority

10.1 The Client has at the time of entering into this Appointment

disclosed to the Agent all relevant facts about the Property

and has not provided information that is or is likely to be

misleading or deceptive.

10.10 Where a product, fixture or fitting provided with the Property

has a warning label or safety instructions attached the Client

is not to deface, damage or remove such label.

11.17 The Agent will not engage a person to perform building work

unless the person holds a licence under the Queensland

Building and Construction Commission Act 1991 authorising

the performance of the work.

11.21 When dealing with prospective tenants the Agent is not

precluded from ascertaining the Tenant's suitability to rent

the Property.

11.20 The Agent is authorised to, and in so doing may, on

obtaining written instruction from the Client, use

independent legal services, to recover monies due and

unpaid by the Tenant subject to the General Tenancy

Agreement.

11.19 In relation to expressions of interest the Agent will keep the

Client advised of enquiries regarding the re-letting and letting

of the Property.

11.18 The Agent must immediately notify the Client in writing if the

Agent becomes aware of a tenant's breach, which is in the

Agent's opinion a fundamental breach of the General

Tenancy Agreement.


AUQLDREPMA01 v2.4 (Page 15 of 16)© ADL Software - ALL RIGHTS RESERVED

19.1 Any Special Conditions to this Appointment shall form part

of this Appointment. Should there be inconsistency

between these Terms of Appointment and a Special

Condition, the Special Condition will apply. All Special

Conditions must be in compliance with all relevant

legislation.

19. Special Conditions

18. Provision of Appointment

17.4 Upon Termination of this Appointment the Client must pay,

within the time period specified in Part 5 of the attached

Property Occupations Form 6, to the Agent all Fees and

Commission then due and owing to the Agent.

17.3 Any Termination shall be without prejudice to either party's

rights under this Appointment.

17.1 Either party may terminate this Appointment by giving notice

in accordance with Part 5 of the attached Property

Occupations Form 6 for the time specified therein.

17. Termination

16. Electrical Safety Switch

Each party has received a signed copy of this document

and understands such document or has had the

opportunity to obtain professional advice with respect to

the Appointment and each party acknowledges it is bound

by the terms of this Appointment which include the

attached Property Occupations Form 6 and all schedules

annexed thereto and each party acknowledges this

Appointment constitutes the entire agreement between the

parties.

The Agent is not otherwise qualified and it is the Client's

responsibility to obtain specific advice with respect to the

Property and its soundness as to building and structural

integrity, pest, health, fire safety and other requirements. As

such, the Client indemnifies the Agent from and against all

actions, claims, demands, losses, costs, damages and

expenses arising out of, or in respect of this Appointment,

resulting from matters of cleanliness, safety, construction,

building requirements or building deterioration,

notwithstanding the Agent's obligations under Clause 12.

15.2 The Client acknowledges that the Agent is acting only as a

licensed letting and/or managing agent and is not

responsible for reporting any matters (including defects

latent or otherwise) other than those that are readily

apparent during the course of standard periodic inspections

(see Clause 12) or as bought to their attention as letting

agent by the Tenant.

If an Electrical Safety Switch is not installed on the Property,

the Client must install an approved Electrical Safety Switch.

(See Section 81 of the Electrical Safety Regulation 2013)

(6) any loss arising from injury to person or damage to

property howsoever caused (except in the case of

negligence on the part of the Agent); or

(5) the Agent acting on behalf of the Client under this

Appointment; or

(4) the Tenant's failure to comply with his/her obligations

under the Residential Tenancies and Rooming

Accommodation Act 2008 and or other Applicable

Legislation; or

(3) the Tenant's failure to comply with his/her obligations

according to the General Tenancy Agreement, at no

fault of the Agent; or

(2) the Client's failure to give the Agent prompt and

appropriate authority or instruction, or sufficient funds

to carry out an instruction or authority; or

(1) the Client's failure to comply with this Appointment

and/or Applicable Legislation; or

15.1 The Agent having complied with its obligations under this

Appointment and not having been negligent, the Client

indemnifies the Agent, its officers and employees, from and

against all actions, claims, demands, losses, costs, damages

and expenses arising out of or in respect of this Appointment

from;

15. Indemnity

13.2 The Agent is authorised to obtain from the Body Corporate a

copy of current by-laws. A copy of such by-laws are to be

provided to all Tenants by the Agent upon occupying the

Property.

13.3 The Client must instruct the Body Corporate to provide the

Agent with revised by-laws when and if such by-laws are

amended.

14. Work Health and Safety

Insofar as either party to this Appointment is, with respect to

the Premises a - Person Conducting a Business or

Undertaking (under the Work Health and Safety Act 2011,

Regulations or relevant Codes of Practice in relation

thereto) such party must comply with the Act, Regulations or

relevant Codes of Practice. Provided however, in carrying

out such obligations the Agent acts only as Agent for the

Client.

13.1 Should the Property be subject to Body Corporate and

Community Management Legislation, the Agent is

authorised and directed to deal in all matters relevant to this

Appointment and any General Tenancy Agreement entered

into under the authority of this Appointment with the relevant

Body Corporate.

13. Body Corporate

12.4 The Client will be responsible for rectification of matters

notified under Clause 12.3.

17.2 In the event of the Client committing to sell or transfer the

Property the Client will terminate this Appointment in

accordance with Clause 9 of this Appointment.

12. Property Inspection

12.1 The Client will comply with all obligations with respect to

condition reports and inspections required by the Residential

Tenancies and Rooming Accommodation Act 2008 or the

General Tenancy Agreement.

12.2 The Agent is required to complete an Inventory and/or

inspection report of the Property if specified in Item G and J

of the Item Schedule.

12.3 The Agent will notify the Client in writing of any serious

tenant's complaint or defect to the Property (subject to the

limitations set out in Clause 15.2) creating a possible

liability.

11.22 The Agent must act in accordance with the Clients

instructions unless such instructions are contrary to the

Conduct Standards prescribed in the Regulations to the

Act.

(7) the Client's failure to disclose required information

relevant to this Appointment; or

(8) a warning label or safety instructions having been

removed, damaged or defaced where a product or

fitting has been supplied to the Property with such a

label or instruction attached.

(1) tenants and potential tenants, insofar as such

information is relevant to the managing and/or leasing

of the Property; and/or

20.3 You as Client agree the Agent may, subject to the Privacy

Act 1988 (CTH) (where applicable), collect, use and disclose

such information to:

20.2 The Privacy Policy outlines how the Agent collects and uses

Personal Information provided by you as the Client, or

obtained by other means, to provide the services required by

you or on your behalf.

20.1 The Agent must comply with the provisions of the Australian

Privacy Principles (Privacy Act 1988 (CTH)) and where

required maintain a Privacy Policy.

20. Privacy

19.2 Special Conditions to this Appointment where inserted at the

direction of the Client were prepared by the Client or an

Australian Legal Practitioner instructed by the Client and not

by the Agent. No warranty is given by the Agent with respect

to such clauses. Legal advice should be sought.



(2) Body Corporates and financial institutions; and/or

(3) tradespeople and similar contractors in order to

facilitate the carrying out of works with respect to the

Property; and/or

20.4 Without provision of certain information the Agent may not

be able to act effectively or at all on the Client's behalf.

(4) other third parties as may be required by the Agent

for the purposes of marketing, sales promotion and

administration relating to the use of the Agent's

products and services, but must do so in

compliance with legislative and regulatory

requirements.

20.5 The Client has the right to access such Personal

Information and may require correction or amendment of

any inaccurate, incomplete, out of date or irrelevant

information.

20.6 The Agent will provide (where applicable), on request, a

copy of its Privacy Policy.

22. Related Documents / Notices / Electronic Communication

22.1 The parties agree and confirm any documents and

communications in relation to this Appointment may be

forwarded electronically and where this document has been

forwarded electronically (either for signing or otherwise) the

party receiving the document confirms having consented to

the delivery of the document (and any other materials) by

way of the electronic means of delivery before receiving the

documentation.

22.2 A Related Document to be served on any party under this

Appointment shall be in writing and may be served on that

party:

(1) by delivering it to the party personally; or

(2) by leaving it for the party at that party's address as

stated in this Appointment; or

(3) by posting it to the party by ordinary mail or security

mail as a letter addressed to the party at the address

as stated in this Appointment; or

(4) by electronic communication to the party at the

appropriate electronic address as stated in this

Appointment; or

(5) by delivery to an alternative address, provided in

writing by the party, by any of the methods outlined in

Clauses 22.2(1) to (4) above.

22.3 A document posted shall be deemed to have been served,

unless the contrary is shown, at the time when, by the

ordinary course of post, the document would be delivered.

22.4 A document sent by electronic communication will be

deemed to have been received in accordance with Section

24 of the Electronic Transactions (Queensland) Act 2001.

22.5 Documents given by a party's solicitor will be deemed to

have been given by and with the authority of the party.

22.6 Documents must be served before 5pm on a business day,

failing which, such document will be deemed to have been

served on the next business day.

22.7 The parties acknowledge and agree an Electronic

Document readily accessible via a link within a Related

Document is received when the Related Document is

served and will be opened when the Related Document is

opened.

22.8 The parties agree to execution, delivery and service of

documents electronically by a method provided by

DocuSign or such other agreed electronic signature service

provider.

Where such information is required to be entered on the

approved form, information contained in the Item Schedule

and the Terms of Appointment shall apply to the approved

Property Occupations Form 6.

23. Using this Form

21. Data Collection

Upon signing this Appointment the parties agree the Agent,

and the form completion service provider providing this

form, may without disclosing Personal Information collect,

use and disclose to Data Collection Agencies information

contained in this Appointment and any subsequent tenancy

agreement.
